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HomeMy WebLinkAboutAgenda Report - June 12, 1991CITY COUNCIL MEETING May 8, 1991 CC -35(a) The meeting was called to order by Mayer Hinchman. Debra D. Loh, Consultant, Jones & Stokes Associates, Inc. reviewed the changes in the following elements of the City of Lodi General Plan Update proposed by the Planning Commission: a) Circulation b) Noise c) Conservation d) Parks, Recreation and Open Space e) Health and Safety d) Urban Design and Cultural Resources General Plan Update appendix A changes proposed by the Planning Commission were also outlined. Following discussion, 3n motion of Mayor Hinchman, Sieglock second, the City Council set a public hearing at a Joint meeting of the Lodi City Councii and the Lodi City Planning Commission to be held at 1:30 p.m. on Wednesday, June 12, 1991 to consider the following matters: a) to consider the Planning Commission's recommendations regarding the City of Lodi General Plan; b) to consider certification of the City of Lodi General Plan Final Environmental Impact Report as adequate environmental documentation re_arding the matter; and c) to consider the adoption of the City of Lodi General Plan update. ALICE W. REIMCHE CITY CLERK CITY OF LODI 221 W. PINE ST. LODI CA 95240 Re : Southwest Corner Kettleman Lane and Sylven Way -- General Plan Designation Dear Alice, I would appreciate your submitting the attached letter to the City Council. It is my understanding that the City Council is in the process of amending the City's General Plan. Unfortunately, I was unable to be at the last City Council meeting regarding the land uses in the new General Plan. I am interested in letting the City Council know that I am representing property owner, who is interested in having the property located at the Southwest corner of Kettleman Lane and Sylvan designated on the General Plan as commercial rather than office, as it is presently designated the General Plan. It is my understanding that the Planning Commission in reviewing the General Plan made a determination to leave the property at the Southwest corner of Kettleman Lane and Sylvan Way as office rather than amending it to commercial. However, I would ask on behalf of my client to have the 1 ' BROWN, HALL, SPATOLA, CLAIR & MCKINa ey LAN OFFICES THE FOUNTAINS 3031 WEST MARCH LANE, SUITE 230 WEST STOCKTON, CALIFORNIA 95219-6500 (205) 477-8171 NAT BROWN FAX (209) 477-2549 JERRY D. HALL CHARLES R. SPATOLA STEVEN A. CLAIR JOHN H. 40CINLEY RONALD M. STEIN Is T— C'71 r;',, May 2, 1991 W ALICE W. REIMCHE CITY CLERK CITY OF LODI 221 W. PINE ST. LODI CA 95240 Re : Southwest Corner Kettleman Lane and Sylven Way -- General Plan Designation Dear Alice, I would appreciate your submitting the attached letter to the City Council. It is my understanding that the City Council is in the process of amending the City's General Plan. Unfortunately, I was unable to be at the last City Council meeting regarding the land uses in the new General Plan. I am interested in letting the City Council know that I am representing property owner, who is interested in having the property located at the Southwest corner of Kettleman Lane and Sylvan designated on the General Plan as commercial rather than office, as it is presently designated the General Plan. It is my understanding that the Planning Commission in reviewing the General Plan made a determination to leave the property at the Southwest corner of Kettleman Lane and Sylvan Way as office rather than amending it to commercial. However, I would ask on behalf of my client to have the 1 Council review the General Plan designation of this property and change same from office to commercial. Thank you. Sincerely, BROWN, HALL, SPATOLA, CLAIR & McKINLEY RONALD M..STEIN RMS/rjS c: Tom Peterson City Manager Jim Schroeder Community Dev. Dir. C:\DATA\Z%SCNRIMXE 2 BROWN, HALL, SPATOLA, CLAIR & MCKIN. LAW OFFICES THE FOUNTAINS 3031 WEST MARCH LANE. SUITE 230 WEST STOCKTON, CALIFORNIA 95219-6500 (209) 477-8171 NAT BROWN FAX (209) 477.2549 JERRY D. HALL CHARLES R. SPATOLA STEVEN A. CLAIR JDHN H. MCgNLEY RONALD M. STEIN May 2, 1991 DAVID M. HINCHMAN, MAYOR AND CITY COUNCIL CITY OF LODI 221 E. PINE ST. LODI CA 95240 Re: Southwest Corner Kettleman Lane and Sylvan Way -- General Plan Designation Dear Mayor and Council members, It is my understanding that the City Council, at this time, is in the process of updating the general plan for the City of Lodi. One property which the Planning Commission has already considered is the Southwest corner of Kettleman Lane at Sylvan Way. It is my understanding that the property is presently designated on the Lodi General Plan, land use diagram as office. My client is interested in having that property redesignated general commercial on the General Plan. It is my understanding that the Lodi Planning Commission already reviewed that particular site and determined to keep that the site designated as office on the Lodi General Plan Land use diagram update. On behalf of my client, I would appreciate the City Council reviewing the City Planning Departments decision with an eye towards amending the Lodi General Plan Land Use for that property from office to general commercial. It is my understanding that the City Council will be holding a public hearing on the land uses, in the new general plan and we would apprP:,iate being on calendar for that hearing and would appreciate the Council going forward with reviewing that land use designation. For your• information, my client has filed with the Planning Department an application for a General Plan Rezoning and Tentative Map change for that property. However, with the City Council reviewing .the General Plan, at this time, it would make some serise to attempt to 'have the change in the General Plan made with the other General Plan changes. Thank you very much for any consideration you give to my client in this matter. RMS / r j s C:\DATA\Z\SCHNCHM Sincerely yours, acrd wi best wishes, BROWN, HALX,, SPATOLA, CLAIR & MCKINLEY D M. STEIN 2 NOTICE The Lodi City Council will conduct a public hearing at 7:30 o.m. on Wednesday, June 12, 1991 in the Carnegie Forum, 305 West Pine Street, Lodi to consider the following mattes: a) to consider the Planning Commission's recommendations regarding the City of Lodi General Plan; b) to consider certification of the City of Lodi General Plan Final Environmental Impact Report as adequate environmental documentation regarding the matter; and c) to consider the adoption of the City of Lodi General Plan update. For further information, call the City Clerk's office at 333-6702. Note: Please run regular columnar bordered ad DECLARATION OF MAILING On May 10, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 10, 1991, at Lodi, California. Alice M. Reimche City Clerk 01r,"1A J?fi91 f er M. ! errin Deputy Cit Clerk DEC/O1 TXTA.FRM CITY 0 L0 D IN� SCE OF PUBLIC HEARING [Date: June 12, 1991 CARNEGIF FORUM305 ��'est Pine Street, i.odi me: 1:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING June 12, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) to consider the Planning Commission's recommendations regarding the City of Lodi General Plan; b) to consider certification of the City of Lodi General Plan Final Environmental Impact Report as adequate environmental documentation regarding the matter; and c) to consider the adoption of the City of Lodi General Plan update. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: ccl.�Ccc.7)1 �l(�rx.ClZ✓ Alice M. Reimche City Clerk Dated: May 10, 1991 A pirovel as to form: Bobby W. McNatt City Attorney -"OTICE OF SPECIAL COUNCIL MEETING MAILING LIST EXHIBIT "B" Phillip A. Pennino 1502 Keagle Way Lodi, CA 95242 John R. Snider 2328 Brittany Lane Lodi, CA 95240 David M. Hinchman 1131 South Pleasant Avenue Lodi, CA 95240 James W. Pinkerton 916 West Turner Road Lodi, CA 95240 Jack A. Sieglock 1702 Timberlake Circle Lodi, CA 95242 KCVR Radio P. 0. Box 600 Lodi,. CA 95241 KSTN Radio 3171 Ralph Avenue Stockton, CA 95206 City Clerk City of Lodi Community Development Director City of Lodi Michael A. Lapenta 1718 Edgewood Drive Lodi, CA 95240 Susan Hitchcock 141 South Avena Avenue Lodi, CA 95240 Roger Stafford 801 South Mills Avenue Lodi, CA 95240 James E. Griffith 1020 Bradford Circle Lodi, CA 95240 Dorance Ochs Lodi Senior Citizens Commission 1812 Burgundy Drive Lodi, CA 95240 COUN/16/TXTA.02J Tanana Adamek Lodi News Sentinel P.O. Box 1360 Lodi, CA 95240 Carl Fink 540 S. Mills Ave. Lodi, CA 95242 King Videocable Attn: Ms. Deanna Enright 1521 South Stockton Street Lodi, CA 95240 Victoria Colliver Stockton Record 235 South Hutchins Street Lodi, CA 95240 Lodi Magazine P. 0. Box 648 Lodi, CA 95241 City Manager City of Lodi Assistant City Manager City of Lodi City Attorney City of Lodi Public Works Director City of Lodi John Giannoni 1420 S. Mills Ave., Ste. E Lodi, CA 95242 Craig Rasmussen 1111 West Tokay Street Lodi, CA 95240 Larry Mindt P.O. Box 782 Lodi, CA 95241 Harry Marzolf 445 Madrone Court Lodi, CA 95240 Stockton Racord Attention: Richard Hanner City Editor P.O. Box 900 Stockton, CA 95201 Neumiller & Beardslee Attention: Thomas Terpstra 5th Floor Waterfront Office Tower 11 509 West Weber Avenue Stockton, CA 95203 CITY COUNCIL MEETING June 12, 1991 ADOPTION OF GENERAL PLAJH UPDATE RESOLUTION NO. 91-93 CC -35(a) A verbatim transcript of this meeting was prepared by CC -300 Tamara L. Blakely, CSR, No. 5806. ThP subject transcript is attached to the original set of minutes marked Exhibit A and thereby made a part hereof filed in City of Lodi official Minute Book No. 26 on file in the City Clerk's office. AJ Gtr 4 U.�/.eEx � � 1 F��•a`co�%o►� �.d.d:�. -,o�.a .s , ��, %fie'Xnc� X104, ,r�asUM- oti. \t %�C,\W oV 1 y,�A- c���a\pp `A'a • 1� C.�CJISL `�� �'�.St_�CStY-l0. C7�'�-cam �.��" . \,-Ockx �as�,1 c�v�c� �cf C o c •1 �� o Q.o v,�r� o1\QOK o�t a ..�) w ,J�� J,-QJf\Cv.,-. t a.„-o L� �� w` 3z Lkk SAO �+ OF i OF LODI Joint Meeting o :,he Lodi City Council - and the Lodi Panning Commission CITCARNEGIE FORUM DATE: Wednesday, June 12, 1991 qc,F TIME: 7:30 p.m. 305 West Pine Street, I,odi 1. Roil call to be recorded by City Clerk 2. Public hearing to consider - a) the Planning Commission's recommendations regarding the City of Lodi General Plan; b) certification of the City of Lodi General Plan Final Environmental mpact a ort as adequate environmental documentationregi g tt e matter;; an c) the adoption of the City of Lodi General Plan upda-e (Resolution No. 91-93). 3. Adjournment Chronology 1. Key points stated with appropriate motions 2. Open public hearing on a and b Talk about map Talk about policy document (schools) 3. MOTION - Certify E.I.R. (Motion Action) MOTION - Adopt General Plan (Resolution No. 91-93) Pursuant to Section 54956.2(a) of the G,.vernment Code of the State of California, this Agenda was posted at a public place freely accessible to the public 24 hours a day. Alice M. Reimche, My Clerk For information concerning this Agenda please contact Alice M. Reimche, City Clerk, Telephone - 333-6702 AGN6#12/TXTA.02J/AGENDAS MEMORANDUM, City of Lodi, Community Development Department TO: CITY MANAGER FZOM: COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 12, 1991 SUBJECT: GENERAL PLAN ITEMS WHICH APPEAR TO HAVE GENERAL CONSENT (KEY POINTS) Background Information. On June 11, 1991 the Mayor, City Manager, City Corney and Community Development Director outlined the following General Plan items which appear to have general consent of the City Council members. 1. The phasing which appears in the Growth Management material is for residential only and does not affect commercial or industrial. (Statement of fact) 2. The Industrial Reserve category should be eliminated, and all industrial areas shall be designated either heavy or light industrial. (Motion) 3. The southwest corner of Lower Sacramento Road and Kettieman Lane should be designated commercial (i.e. NCC). (Motion) 4. The north side of Kettleman Lane between between the Municipal Service Center and the commercial at the north east corner of Lower Sacramento Road and KL.ttleman Lane should be designated "office" to a depth of 300 feet with the remaining area shown as residential. (Motion] 5. Property which is already in tie City limits will not be considered for redesignation and must go through the traditional General Plan Amendment and rezoning process. (Statement of fact) 6. The priority system which appears in the Growth Management material shall remain as designated. (Statement of fact) IVSD Lodi Parks and Recreation Department ilAY r,; j� j 125 N. Stockton St., Lodi, CA 95240 333-042 or 333-6744 Field/Facility Conditions COMMUNITY �' oe.'E[Cr'!NENi MEMORANDUM OE�ARTMETJi TO: Jim Schroeder, Community Development Director FRCM: Ron Williamson, Parks and Recreation. Director v, DATE: May 17, 1991 SUBJECT: ADDITIONAL PARKS AND RECREATION NEEDS IN GENERAL PLAN After our most recent review of the General Plan, my staff has made a couple of suggestions that I think are important and should be included in the General Plan. 1. That a standard of one man per ten acres be set. We would prefer one man to seven acres but reality dictates differently. 2. That we create an assessment district to address the related costs of providing and maintaining smaller neighborhood -type parks as endorsed by my staff and the Planning Commission? This would only address neighborhood parks, not the larger, more regionalized parks. 3. Please remove Hutchins Street Square's square footage from our square footage allowance for future indoor facilities since our only involvement with Hutchins Street Square is the maintenance. We feel we'll need every bit of t`:e 44,000 plus square feet being allowed us just to cover an indoor sports center and day care/community park building(s) that will be needed for Lodi in the future. I called Debbie Loh and she recommended I write this memo to you for inclusion in Genoral Plan materials for future meetings with the public and council. RW/lm cc: Tom Peterson, City Manager Marilyn Field, Recreation Superintendent Scott Essin, P;irks Superintendent r BROWN, HALL, SPATOLA, CLAIR & ML.-,INLEY LAN OFFICES THE FOUNTAINS 3031 WEST MARCH LANE, SUITE 230 WEST STOCKTON. CALIFORNIA 95219-6500 NAT BROWN JERRY D. HALL CHARLES R. SPATOLA $MEN A. CLAIR JOHN H. MCKINLEY RONALD M. STEIN JOSEPH A. VARW Alice Reimche Lodi City Clerk 221 W. Pine Street Lodi, CA 952.40 (209) 477-8171 FAX (209) 477-2549 May 20, 1991 RE: General Plan Agenda/Cochran Road Neighbors Dear Alice: i b. cry rn r-rn��1 rn Es7 M As always it was a pleasure seeing you at the City Council meeting on Wednesday, May 15, 1991. By this letter I am letting you know that my clients, the Cochran Road neighbors, are interested in being on the June 12, 1991, City Council agenda in order to move for a general plan designation change for the property which is located between Cochran Road to the north, Vine to the south, Westwind to the east, and Lower Sacramento Road to the west. Specifically, the property is the Roget parking lot which is located to the east of the condominiums which face Cochran Road as well as the property on the east side of Community Drive between Cochran Road to the north and Vine Street to the south. It is the wish of Cochran Road neighbors to have that parcel(s) redesignated on the new general plan as Single Family Residential. At present that land appears in the general plan as Residential -Commercial -Professional (RCP). rn ITi Thank you very much for your assistance in this matter. Sincerely, BROWN, HALL, SPATOLA, CLAIR & MCKINLEY 62'r' RONA D M. STEIN -y") cc: Jim Schroeder, CD Director RMS: jkg A:ctylodi2\ BROWN. HALL, SPATOLA, CLAIR & McKiNLEY LAW OFFICES THE FOUNTAINS 3031 WEST MARCH LANE. SUITE_ 230 WEST STOCKTON. CALIFORNIA 95219-6500 NAT SPOWN JERRY O. HALL CHARLES R. SPATOLA STEVEN A CWR JOHN H. MCKINLEY RONALD M. STEIN JOSEPH A. VARNI Alice Reimche Lodi City Clerk 221 W. Pine Street Lodi, CA 95240 (209) •:77.8177 FAX (209) 477-2549 May 20, 1991 RE: GPA and Rezoning of 1340 South Pleasant Avenue Dear M eimche: This office represents Jerry.Kelly, 1165 W.E1m Street, Stockton, CA 95203. Mr. Kelly is the owner of property located in the city of Lodi at 1340 South Pleasant Avenue. For your information and to refresh your memory, I am attaching a March 16, 1987 letter regarding the request to have the property at 1340 South Pleasant Avenue redesignated In the Land Use Element of the General Plan from medium density residential to commercial. As you may recall, at the time (March, 1987) the City Council denied the redesignation (general plan amendment) because they were in the process of updating the full general plan. Further, it is my remembrance that the City Council determined to look at not only the property at 1340 South Pleasant but the properties within the immediate vicinity of that property which front on Kettleman Lane. The concern the Council had was that it would make more sense to redesignate all those properties at one time rather than do it on a piecemeal basis, and, frankly, it would be easier to do it as part of the update of the general plan. It is my understanding that on June 12, 1991, the City Council will be holding a public hearing on the land use element of the new general plan. I would appreciate having the property at 1340 South Pleasant Avenue on the agenda for possible redesignation to commercial from medium density residential. Jim Schroeder, Community Development Director, Suggested that Mr. Kelly send this letter to your office to make sure that his property is discussed at that hearing. If there is anything further that you need me to do, please feel free to call my office. If not, I shall see you on the 12th. I hope all is well with regard to Merv. Sincerely, BROW HALL, SPATOLA, CLAIR & McKINLEY RONALD M. STEI cc: Jim Schroeder, Director of Community Development RMS:jkg A:Citylodi CITY COUNCIL FRID:.+. REID. mayor EVI LYN M OLSON Mayor Pro T!mpore DAVID M. HINCHMAN JAMES W. PINKERTON. Jr. JOHN R. (Randy) SNIDER March 16, 1987 CITY OF LODI CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI• CALIFORNIA 95241-1910 (209)334-5634 Mr. Jerry D. Kelly 1340 South Pleasant Avenue Lodi, CA 95240 Jear Mr. Kelly: RE: GENERAL PLAN AMENDMENT AND REZONING 1340 SOUTH PLEASANT AVENUE THOMAS A. PETERSON LitV Manager ALICE M REI.HCrE Gty Clerk RONALD M. STEIN City Attorney At its meeting of Monday, March 9, 1987, the Lodf Planning Commission recommended the following actions to the Lodi City Council: 1. Approval of your request to amend the Land Use Element of the Lodi General Plan (GPA -LU -1) by redesignating 1340 South Pleasant Avenue from Medium Density Residential to Commercial; 2. Approval of your request to rezone 1340 South Pleasant Avenue from R -MD, Medium Density Multiple Family Residential to C-2, General Commercial; and 3. Certification of a Negative Declaration as adequate environmental documentation on the above requests. These recommendations have been forwarded to the City Council for final hearing and action. Mrs. Alice M. Reimche, City Clerk, will inform you of the time and place of the Council's hearing. Sincerely, aM S B. SCHR DER o unity Developmert Director cc: City Clerk La Don G. Bader, Attorney at Law San Joaquin County Council of Governments hicmlxr Agencies: Citics of f;scalon. t.ethrop, tAWi, Manteca. Ripon. Stockton, Tracy, County of San Joaquin June 3, 1991 Mr. Jim Schroeder City of Lodi Planning Department P.O. Box 3005 Lodi, CA 95240 Dear Mr. Schroeder: W`E .:��DEVEL4P3SEflT DEPARTMENT State law requires Airport Land Use Commissions to review all General Plans that affect the areas of influence of public access airports. Any plans found out of conformance with the Airport Land Use Plan (ALUP) must be modified or the governing body must override the ALUP. COG has reviewed the City of Lodi's draft General Plan as it relates to Airport Land Use Commission issues. This letter makes comments related to the ALUC review only; additional comments related to the circulation element may also be forthcoming under separate cover. The southern portion of the General Plan study area falls within the airport area of influence of Precissi Ai.Tort. This area is roughly bounded by State Route 12 to the north, West Lane/Hutchins to the east, Armstrong Road to the south and the planning boundary to the west (outlined in red on the enclosed map). The General Plan indicates that this area has a designation of "planned residential reserve" south of Harney Road. The Airport Land Use Plan allows residential development within this zone, since it falls outside of high noise contours. However, the area is subject to occasional overflight and single event noise disturbances. The ALUP will soon require that all new noise sensitive uses (residential, churches, schools, etc.) within an airport area of influence will be subject to an aviation easement. Thi.- requirement hisrequirement will affect new uses within the red area. An avigation easement allows aircraft to use the airspace above the property and serves to notify property owners that the area is subject to occasional overflight. The City should be aware of this requirement and may choose to require developers to notify prospective buyers of the potential for noise disturbances. Certain other restrictions apply within this area. A complete list of these is attached. Of primary concern are height restrictions, particularly in the transitional surface area, marked in blue on the map. Tall structures must be reviewed to determine if they pose a hazard to aircraft safety. Depending on the height of the structure, the applicant may be required to file form 7460-1 to the FAA for review. Enclosed is a copy of the form, including the conditions under which it is required. Another issue of concern is the siting of new dumps, landfills or waterways. These facilities attract birds and thus pose a hazard to aircraft. The Airport Land Use Plan requires mitigation of bird hazards for any new uses within the airport area of influence. New residential developments may include a lakes or ponds that fall into the category of bird hazards. ��. Rcgioital Tiautpi:iiatiuu Planning Agency, I teeal Transportation Authority; Con lon_>vfano rm n R J < 1860 F3. Hazelton Avenue • Stockton, California 95205 • (209) 468.3913 9 FAX: (209) 468-3330 Letter to Jim Schroeder .Tune 3, 1991 Page 2 In summary, staff will recommend that the Airport Land Use Commission find this General Plan in conformance with the Airport Land Use Plan. Formal action on this recommendation will take place on June 25, at the COG Board meeting. If you have any questions, please contact me. Ve truly yours, DEBRA L. HALE Regional Planner 7 T Q: Kclliclnan Rd. A-PDDnf •R1A Milp(NCC 90UNCAR. cdwa Rd V X M v S.,argcnl Rd Slalc R11ulc 12 i laracy Rd c C cE J v 3 Eight Milc Rd _.,..-_—L—L—L AIRPORT ZONE o�{0 SKKKE.1t Kingdon Airport ILA noMR%IC AM mot. Lotli Airport I Exccrntcd from the San Joaquin County Airnort Land Use Plan: Land Use Restrictions: Areas Under Horizontal and Conical Surfaces Reflective materials are not permitted to be used in structures or signs to avoid distracting pilots on the critical approach and departure phases of [light. No (radio) transmissions which v•ould interfere with aircraft communications or navigation are permitted. Dumps, water retention ponds, and landfills are permitted only if they will not prevent a bird hazard to aircraft. Proposed communications towers and other very tall structures should be evaluated to ensure that they will not pose as aircraft hazards. Schools should be located away from present and future flight paths. No special construction standards are required unless the project is in a 60 dB CNEL or higher noise contour area. s {// After notarizing, return to: Department of Aviation 5000 S. Airport way, Room 202 Stockton, CA 95?06 DEED OF AVIGATION AND HAZARD EASEMENT GRANTORS, ' hereby grant to the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, its successors and assigns, as owner cf the STOCKTON METROPOLITAN AIRPORT, Stockton, California, a per- petual and assignable avigation easement in and over the real property, whose description is attached hereto and made a part hereof and, a right-of-way for the free and unrestricted passage of aircraft of any and all kinds now or hereafter known, in, through, across, and about the airspace above the surface of said real property at all times. The aforesaid easement and rights thereof include, but are not limited to, the following rights: 1. For the use and benefit of the public, including the continuing right to fly, or cause or permit the flight, by any and all persons, of any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the airspace whose description is attached hereto and made a part hereof. 2. For the usQ and benefit of the public, including the continuing right to cause or create, or permit or allow to be caused or created, within all airspace above the existing surface of the said real property, whether or not while directly over said land, such noise (including any noise generated outside the boundaries of said real property) vibration, current, or other effects of air, illumination, and fuel.consumption as may be inherent in or may arise or occur from the operation of aircraft of any and all kinds, either now existing or to be developed in the future, for navigation of, or flight in air, or from landing at or taking off from said airport, including ground run -ups and testing of aircraft engines, Be 3. The right to regulate or prohibit the release into the air of any substance which would impair the visibility of or otherwise interfere with the operations of aircraft such as, but not limited to, steam, dust, and smoke. 4. The right to regulate or prohibit light emissions, either direct or indirect (reflective), which might interfere with pilot vision. 5. The right,to prohibit electrical emissions which would interfere with aircraft communications systems or aircraft navi- gational equipment.: 6. Any other use of easement from time to time as may be require -3 by the Federal Avidtion Administration, and/or any other entity, agency,•or department of any State, Federal or local government, or designee thereof, authorized to impose rules and regulations for the.operation of the Stockton Metropolitan Airport. This easement shall be effective from this date and run with the land until such time as the STOCKTON METROPOLITAN AIRPORT is no longer used as an airport. Dated: Grantor+ Dated: Grantor This is to certify that the interest in real property conveyed by the deed or grant deed dated _ from__ to n%o , a political corporation adr_ n governmetal agancy is hereby accepted by order of the ------e-- _ on pursuant to authority conferred by resolution of the _ adopted on and the __ grantee consents to recordation thereof by its duly authorized officer. ACCEPTED: COUNTY OF SAN JOAQUIN, CALIFORNIA Dated: _— _.-- By: ----- - --- - __ _ , Chairman San Joaquin County Board o-l.__Supervisors STATE OF CALIFORNIA ss COUNTY OF SAN JOAQUIN On this the day o: , in the year , before me, the undersigned, a Notary public in and for said County and State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged that the same. Signature of Notary Name Typed or Printed REAL PROPERTY DESCRIPTION executed RESOLUTION NO. 91-93 A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING BY REFERENCE AS IF FULLY SET FORTH HEREIN THE DRAFT GENERAL PLAN (AS AMENDED) PRESENTED TO THE COUNCIL ON JUNE 12, 1991 WHEREAS, the Lodi City Council has held a number of public hearings on the issue of the City's General Plan as required by law, the final hearing being held on June 12, 1991; and WHEREAS, all necessary findings for adoption of the new General Plan have been made, as more fully set forth in the General Plan Policy Document; NOW, THEREFORF, BE IT RESOLVED by the Lodi City Council that the Draft General Plan Policy Document and Maps, as amended, copies of which are on file in the office of the City Clerk, are hereby adopted. Dated: June 12, 1991 ---------------------- ---------------------- I hereby certify that Resolution No. 91-93 was passed and adopted by the Lodi City Council in a joint meeting of the Lodi City Council and the Lodi Planning Commission held June 12, 1991 by the following vote: Ayes: Council Members - Pennino, Pinkerton, Sieglock, Snider and Hinchman (hayor) Noes: Council Members - None Absent: Council Members - None iCCi. L� /b 4")9 C% Alice M. Reimche City Clerk 91-93 RES9193/TXTA.OIV